152
CAP. 32]
Companies
[1984 Ed.
Entry and search of premises.
1967 2 M.x 110.
production of those books or papers from any person who appears to the Financial Secretary or such public officer to be in possession of them; but where any such person claims a lien on books or papers produced by him, the production shall be without prejudice to the lien.
(3) Any power conferred by or by virtue of this section to require a company or body corporate or other person to produce books or papers shall include power-
(a) if the books or papers are produced---
(i) to take copies of them or extracts from them; and (ii) to require that person, or any other person who is a present or past officer of, or is or was at any time employed by, the company or body corporate in question, to provide an explanation of any of them:
(b) if the books or papers are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
(4) If a requirement to produce books or papers or provide an explanation or make a statement which is imposed by virtue of this section is not complied with, the company or body corporate or other person on whom the requirement was so imposed shall be guilty of an offence and liable to a fine of $10,000 and, in the case of an individual, to imprisonment for 6 months; but where a person is charged with an offence under this subsection in respect of a requirement to produce any books or papers, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement.
(5) A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
(Added 6 of 1984, s. 107)
152B. (1) If a magistrate is satisfied on information on oath laid by an inspector appointed by the Financial Secretary, or by any public officer acting under the authority of the Financial Secretary, that there are reasonable grounds for suspecting that there are on any premises any books or papers of which production ought to be made but has not been made under section 145 or of which production has been required by virtue of section 152A and which have not been produced in compliance with that requirement, the magistrate may issue a warrant authorizing any police officer, together with other persons named in the warrant and any other police officer, to enter the premises specified in the information (using such force as is reasonably necessary for the purpose) and to search the premises and take possession of any books or papers appearing to be such books or papers as aforesaid, or to take, in relation to any books or papers so appearing, any other steps which may appear necessary for preserving them and preventing interference with them.